1996 - 2014 Cases

A proposed operation to separate conjoined twins, the inevitable effect of which would be to cause one of them to perish in the hope of saving the other's life, in circumstances where otherwise both would die, was an act of necessity and could lawfully be carried out.

A v Secretary of State for the Home Department [2005] 2 AC 68, HL(E)

The indefinite detention of foreign nationals without trial under section 23 of the Anti-terrorism, Crime and Security Act 2001 was incompatible with articles 5 and 14 of the European Convention on Human Rights.

Chartbrook Ltd v Persimmon Homes Ltd [2009] AC 1101, HL(E)

The court was entitled to correct the wording of a contractual document where it was evident from the context and background that a linguistic mistake had been made and to ignore it would make no commercial sense.

Fairchild v Glenhaven Funeral Services Ltd [2003] 1 AC 32, HL(E)

Ghaidan v Godin-Mendoza [2004] 2 AC 557, HL(E)

A provision of the Rent Act 1977 dealing with survivorship rights between heterosexual couples was to be read down under section 3 of the Human Rights Act 1998 so as to be compatible with the rights of co-habiting same-sex couples under articles 8 and 14 of the ECHR.

A former head of state's immunity from criminal jurisdiction for acts done in his official capacity did not extend to acts of torture committed after the date of ratification of the international convention prohibiting it.

R v Horncastle [2009] 2 AC 373, SC(E)

Although a domestic court was required to take account of decisions of the European Court of Human Rights in applying clearly established principles, where, on rare occassions, the domestic court was concerned that a decision of the European court insufficiently appreciated or accommodated particular aspects of the domestic process, the domestic court could decline to follow the decision.

The rule that a contracting state had an obligation to protect ECHR rights in another territory only where it had effective control over a particular area could be applied by analogy to a military base, such as that where a prisoner detained by the British Army in Iraq had met his death, and on that basis the UK government owed him duties under articles 2 and 3 of the Convention.

R (Pretty) v Director of Public Prosecutions [2002] 1 AC 800, HL(E)

White v White [2001] 1 AC 596 HL(E)

There was no legal presumption of equal division when awarding ancillary relief on divorce, but neither should the court treat the parties' reasonable requirements as the determinative factor in achieving a fair outcome, especially where the parties' resources exceeded their financial needs.